3344-90-03 Policy regarding “persona non grata” status for campus visitors.

(A) Definitions

For the purposes of this rule:

(1) “Persona non grata” means the status assigned to a visitor

after a hearing determining the visitor has exhibited

behavior which is detrimental to the university community.

Visitors who have been designated as persona non grata are

not permitted to be present in any university locations.

(2)

(a) “Visitor” means any person who is neither a

student, as defined in the student code of conduct,

nor an employee of the university.

(b) It is intended that this policy provide a means for

regulating the behavior of all persons, except

students and university employees, who are present

on university property and who are not subject to

the jurisdiction of the student conduct code or

disciplinary processes applicable to employees.

Where doubt exists as to a person’s status as a

student, the individual may be charged under this

policy and later referred to the office of judicial

affairs if the person is determined to be a student.

(3) “Behavior detrimental to the university community”

includes but is not limited to actions by a visitor which

result in offenses against persons or property, disruption of

university processes or programs, violation of a legitimate

order given by a university official, a continuing pattern of

violation of university rules and regulations, falsification of

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documents submitted to the university, or misrepresentation

of oneself to a university office or official.

(4) “University official” means an employee of the university

acting within the scope of her employment.

(5) “Hearing officer” means the assistant vice president of

facilities and safety, or other university officials designated

to serve as hearing officers by the vice president for

business and finance or the assistant vice president of

facilities and safety.

(6) “Preponderance of the evidence” is the standard of proof

used to determine whether persona non grata status should

be assigned to a visitor. To meet the preponderance of the

evidence standard, the evidence presented must establish

for a reasonable person that it is more likely than not that

the conduct occurred.

(B) This policy shall not be construed to limit the authority of

university officials to take action as may be warranted by the

circumstances.

(C) Only hearing officers have the authority to make a determination

as to persona non grata status pursuant to this rule.

(D) Procedure

(1) The process to designate a visitor as persona non grata may

be initiated by the president, the provost or a vice president.

To do so, the president, the provost or a vice president shall

make a request in writing to the assistant vice president of

facilities and safety, providing information regarding the

visitor and a description of the conduct believed to require

persona non grata status. The president, provost or vice

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president may also designate a university official to present

the case for persona non grata status at the hearing.

(2) Upon receipt of the request to designate a visitor as persona

non grata, the assistant vice president of facilities and

safety or designee shall schedule a hearing to determine

whether persona non grata status should be assigned to the

visitor, and shall prepare a hearing notice to be served on

the visitor. All hearing notices must be reviewed by

university legal counsel before they are sent or delivered.

(3) The hearing notice shall contain specific information

regarding the hearing, including a description of the

behavior for which persona non grata status is being

considered. It may be served in person, by email or

through U.S. mail.

(4) The hearing notice shall also inform the visitor that, except

for attending the hearing at the specified time and location,

the visitor may not be present in any university location

pending the outcome of the hearing.

(5) All hearings shall be held in private. The accused may be

accompanied by another individual who may serve in an

advisory capacity but who may not participate directly in

the hearing.

(6) At the hearing, the university official designated to present

the case for persona non grata status has the burden of

proof to show that the visitor has engaged in conduct

detrimental to the university community. Both parties may

present witnesses and exhibits. If the accused chooses not

to be present or participate, the process may nonetheless

proceed.

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(7) Based on a preponderance of the evidence presented at the

hearing, the hearing officer shall determine whether the

alleged behavior occurred and is detrimental to the

university community. If so, the hearing officer may take

into consideration any mitigating or aggravating

circumstances to determine whether the visitor should be

placed on persona non grata status.

(8) The hearing officer shall issue a decision in writing within

five working days of the hearing. The decision shall

specify the length of time that persona non grata status shall

last, and provide information as to how the visitor may

appeal the decision, as set forth in paragraph (E) of this

rule. If the designation of persona non grata status is

indefinite, the decision shall provide information as to

when and how the visitor may petition for removal of

persona non grata status, as set forth in paragraph (F) of

this rule.

(E) Appeal

(1) The visitor may appeal the hearing officer’s decision by

submitting a written request for review to the Vice

President for Business and Finance within ten working days

after the hearing officer’s decision is issued. The written

request shall set forth the grounds for appeal.

(2) Grounds for appeal shall be limited to:

(a) Procedural error that resulted in material harm or

prejudice to the visitor, or

(b) A hearing outcome that was grossly

disproportionate to the nature of the behavior

determined to be detrimental to the university

community.

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(3) The vice president for business and finance or designee

shall review the record of the hearing and make a

determination on the appeal within ten working days of

receipt of the request for review. The persona non grata

status shall remain in effect pending the decision on the

review. The decision shall be final.

(F) Removal of persona non grata status

(1) If a visitor is placed on persona non grata status for a

definite period of time, the persona non grata status shall

automatically expire at the end of that period.

(2) If a visitor is placed on persona non grata status for a period

of more than two years or for an indefinite period of time,

the visitor may request removal of the persona non grata

status after a period of two years from the date of the

hearing officer’s decision or, if the decision was appealed,

the date of the vice president for business and finance’s

decision on appeal.

(3) To request removal of the persona non grata status, a visitor

must submit a request in writing to the president, describing

the reasons that the visitor requests to be allowed on

campus.

(4) The president or his designee shall review the record of the

persona non grata designation and the request for its

removal. On the basis of this review, the president or his

designee shall determine whether the persona non grata

status should be removed, should remain in place as

originally decided, or should remain in place for a period of

time that is less than it was originally decided.

(5) The president’s or his designee’s determination shall be

communicated in writing to the visitor requesting removal

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of the persona non grata status. The president’s or his

designee’s decision is final.

Policy Name: Policy regarding “persona non grata” status

for campus visitors.

Policy Number: 3344-90-03

Effective: 5/3/2015

Prior effective dates: n/a